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[quote=Anonymous]In my experience, severance payments (as distinguished from a notice requirement) are not commonly part of nanny agreements.  However, in other contexts, it is typical for the employer to provide either notice or a severance payment equivalent to whatever the employee would have earned if proper notice had been provided.  So, if you agree to give her four weeks notice but for whatever reason can't honor that agreement, you pay her regular wages for whatever portion of the notice period you weren't able to honor.

You could add a proviso stating that if the nanny starts another job prior to the end of the notice period that you failed to honor, she forfeits whatever severance she would have been entitled to from and after the start date of her new employment.  Keep in mind, though, that you probably won't have any way of knowing whether/when she has started new employment.  You'd just have to hope that she is honest enough to come clean.

Contractual severance is completely different from choosing to provide a separation bonus or cash gift when you let a long-term nanny go because your kids have aged out of nanny care, you're moving, or the like.

If the nanny in your case insists on receiving a severance payment rather than or in addition to notice, you could agree on the condition that the provision is made reciprocal.  In other words, if she leaves you without the agreed-upon notice, she has to pay the extra costs you incur to get backup care.

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